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Home My WebLink AboutSDI-5REPLY TO ATTENTION OF: Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 25 August, 2015 l Re: Comments Generated: Shallow Draft Inlet -5 (SDI -5), Towns of Emerald Isle, Topsail Beach, Holden Beach, Ocean Isle Beach, and New Hanover County; Action ID Numbers SAW - 2014 -02004, SAW -2004-02005, SAW -2014-02006, SAW -2014-02007, and SAW -2014-02009 Mr. Daniel Ramsey O'Brien and Gere Engineers, Inc. 3214 Charles B. Root Wynd, Suite 130 Raleigh, North Carolina 27612 Dear Mr. Ramsey: The purpose of this letter is to relay the comments and concerns generated from a 24 June, 2015 electronic public notice (e -PN) to Federal agencies. The e -PN provided a description of the proposed projects and an .ftp site for the agencies to download the entire CAMA major permit application and submitted plans. Several agencies responded within the comment period. Below is a summary of the comments received. Please provide more information to address the following comments: By email dated 26 June, 2015- U.S. Environmental Protection Agency (Region 4): 1.) At this time the EPA has no comments or concerns with the project as described per the documents forwarded to us. By letter dated 17 July, 2015 - U.S. Fish and Wildlife Service Comments: Any discrepancies between authorized final project depth and actual depths of previous dredging efforts should be clarified. In addition, it is unclear whether all of the inlets have been subjected to stringent sediment analysis at the authorized final project depth. If the applicants propose to dredge deeper than previous Navigation Program or other dredging efforts, sediment analyses should be conducted to ensure that the material above and at the proposed depth is compatible with the proposed disposal area(s). 2.) The applicants should clarify the methods for ensuring that only compatible material is placed on the beach and in nearshore disposal areas. 0� -2- 3.) Because sand placement activities, even those conducted during the winter, may adversely affect sea turtles, the Service cannot concur with the Corp' determination of May Affect, Not Likely to Adversely Affect for the Kemp's Ridley, loggerhead, leatherback, and green sea turtle. In addition, it is unclear to the Service whether work may be conducted during the sea turtle nesting season. The Service concurs with the Corp's determination of Not Likely to Adversely affect the West Indian Manatee. We understand that the Corps intends to initiate formal consultation pursuant to ESA Section 7(a)(2), and we recommend that the consultation include all of the species above, with the exception of the West Indian Manatee. The U.S. Army Corps of Engineers (Corps) has reviewed all comments to the Public Notice and requests that you address those items above, in order to facilitate our regulatory review. In addition to the above comments, the Corps requests that you also address the following request(s) for information in order to further facilitate our regulatory review of the proposed project: 1.) All dredging operations must be proposed to follow the deepest water. The Corps will need to define the dredging areas prior to any work being performed. Please describe in more detail, the proposal to follow the deepest water and maintain the channel as is currently conducted by the Corps. 2.) All beach compatible disposal will need to be conducted at least 1500' from the navigational channel as is currently conducted by the Corps on all authorized projects. Please ensure the project proposal conforms to this requirement. 3.) The Lockwoods Folly Inlet authorization is for dredging to -12', but these depths have never been achieved in this inlet. The Corps has only dredged to -8' in this inlet. The proposal to conduct deeper dredging within this inlet constitutes new work that may affect the federally authorized project. This proposal will require a 408 evaluation to determine the effects ofthe proposal on the federal project. 4.) Shallotte Inlet is not a federally authorized navigation project. This inlet is a borrow area for a Coastal Storm Damage Reduction (CSDR) project. The proposal to conduct navigation dredging within this inlet constitutes new work that may affect the federally authorized project. This proposal will require a 408 evaluation to determine the effects of the proposal on the federal project. 5.) Sediment criteria for the proposed depths of Shallotte Inlet and Lockwoods Folly Inlet have not been provided in detail to ensure confidence. The material at the proposed depths will need to be analyzed to ensure it meets disposal criteria under the various options. -J- 6.) Lockwoods Folly Inlet Disposal: The Town cannot use Disposal Area (DA) 286 for placement of non -beach compatible material. The Corps only allows for beach compatible material to be placed within that disposal area. The next closest disposal area we would recommend is DA 284 (to the east). 7.) Bogue Inlet Disposal: A consent agreement will be required to utilize DA 60 for placement of non -beach compatible material. Additionally, the change in existing depths from -8' to -6' occurs in the vicinity of Bouys 6A and 7. South of these buoys the project is -8' at 150' wide. North of these buoys the depth is only 6'. Please be advised of this discrepancy within the proposal. 8.) New Topsail Inlet Disposal: The disposal of non -beach compatible material in DA 203 will not be authorized. DA 205 could be authorized for that material, but a consent agreement will be required prior to usage of that location. 9.) Please better define or eliminate the request for proposing nearshore disposal. There are currently no privately available vessels with the ability to conduct nearshore disposal in the proposed locations. Please further define the viability of such a proposal and explicitly state the methodology and construction sequence of this option (dredging method, disposal method, piping, etc.). 10.) The potential for impacts to cultural resources in the project area of the Lockwoods Folly inlet is not addressed adequately in the proposal. The request for deepening the channel beyond what is currently authorized in this location may affect cultural resources. Additionally, the proposal to create a navigational channel within (and potentially outside) of the current federal borrow area of Shallotte Inlet may affect cultural resources not previously considered in the original authorization. 11.) We see the proposal to dispose of material into the near shore system as a trigger for formal consultation with the NMFS Protected Resources Division (PRD) and the U.S. Fish and Wildlife Service due to the new listing of protected critical habitat and species (Right Whale and Loggerhead Turtle). It is our understanding that a more robust Environmental Assessment is currently being drafted that will cover the effects to all other endangered and threatened species. Formal consultations will be initiated after review of that documentation. Thank you for your attention to this matter. We request that you respond to this office within 30 days of receipt of this letter. If you have any questions regarding this letter, please contact Mr. Tyler Crumbley at 910-251-4170. Sincerel — jz�_` Dale Beter Regulatory Field Office Chief -4 - Copies Furnished: CESAW-RG/McLendon CESAW-RG/Wicker CESAW-RG-L/Beter CESAW-RG-L/Crumbley CESAW-OP-N/Horton CESAW-ECP-PE/Owens CESAW-OC/McCorcle Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Heather Coats Division of Coastal Management Morehead City Regional Office North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 -5 - Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth. Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Mgmt 2301 E. Fort Macon Rd Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28403 Ms. Tara McPherson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28403 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug lluggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557